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1. The Defendants jointly share KRW 161,759,880 with respect to the Plaintiff and Defendant B from February 27, 2015 to October 6, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is the actual owner of, and F, the name of the owner in the registry of the apartment of this case, which is the denial of the Plaintiff’s South-North East-dong (hereinafter “the apartment of this case”). Defendant B leased and resided the apartment of this case from 2004, and Defendant C and D are the children of Defendant B.
B. On June 8, 2004, the Plaintiff and Defendant B entered into a lease agreement with a deposit amount of KRW 100 million for the instant apartment on the following grounds: (a) the said lease agreement was explicitly renewed on June 15, 2010; (b) on June 13, 2012, the lease deposit was determined as KRW 200 million (the lease period is up to June 12, 2014); (c) on the other hand, the lessor of each of the above lease agreements was F, and Defendant C or Defendant D represented Defendant B on behalf of Defendant B.
C. Defendant B obtained a loan of KRW 160 million in total, including ① around May 8, 2012 from one Capital Co., Ltd. (hereinafter “I Capital”), KRW 120 million ( used for Defendant D’s business funds, etc.); ② around June 28, 2012, KRW 40 million ( used as a lease deposit increased as of June 13, 2012) from Defendant C Capital; Defendant D was a joint guarantor; Defendant D transferred the entire claim for the return of the lease deposit of the instant apartment to one Capital as security; one Capital was delegated with the authority to notify the transfer of the right from Defendant B by mail proving the contents of the transfer; and one capital was notified of the transfer of the right to the transfer of the right to the transfer of the instant apartment by the mobile phone loan from Defendant C Capital and was notified of the payment of the loan interest in the mobile phone from Defendant C Capital.
However, around August 2012, Defendant B and D requested the Plaintiff to cancel the lease agreement as of June 13, 2012, and the Plaintiff consented thereto, with the return of the lease deposit, KRW 10 million on September 19, 2012 and KRW 90 million on November 2, 2012.